The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-12-29


The Special Commissioner viii first offer
Tor sale the lands first herein before describ-
ed,subject to the aforementioned liens there
on, In one parcel. and next In order the $40
acres lastly above described. Before nc.
cepting any bid which may DO offered Tor
the said real estate said Commis sioner will
require the person or persons making such
bid 10 deposit with him one per centum of the
purchase price OF the said real property, and
il such purchase price shall be less than sl,-
100000 then enough In addition to such one
per centum to make deposit equal TO the
sum of $4,000, the SAID deposit to be made
either In cash or by certified check upon
u solvent bank.
Any personal properly which belongs to
the said defendant The Francklyn Land
and Cattle Company which shall not have
been sold by the complainant herein under
the approval of this court prior TO the
date Of the said sale shall then be Of
fered for sale by the said Special
Commissioner, and ten per cent of the pur-
chase price of such personal property shall
be deposited in casi with the said Commits.
sioner. n
AS soon MS the sale shall have been mad
by the said Special Commissioner under
this Decree, he will report the same to thn
court for confirmation, certifying TO the
court tue compliance by the purchaser or
purchasers with the conditions hereinbeiore
mentioned, the Decree providing that If
the bid shall be accepted by the court, and
the party making the same shall fail to COM
ply with all the conditions and all the Or
ders OF the court made and to be. made In
respect thereof, then the sum so deposited
shall be forfeited and shall be applied to
the payment OF the expenses of resale and
the costs of this cause, and for the pay
ment of the bonds aforesaid, as the court
shall order.
In case any bid shall be rejected by the
court, the deposit made by the bidder shall
be returned to him.
THE parts OF the Decree following are
published for the information of bidders.
II any bid or bids shall be accepted and
acknowledged by the court land MI the condi-
lions of the sale shall be fully complied
with by the purchaser or purchasers, and II
the person or persons making such bid shall
perform all such conditions as the court
shall accept rs sufficient for the time being,
and when the court shall. so
order, the SAID Special Commissioner
shall make to such purchaser or purchasers
a deed or "deeds Of conveyance and trans
fer of all the property sold by HIM under
this decree, and thereup0n and from thence
forth the purchaser or purchasers of the
property hereinbelore so ordered to be sold
shall be invested with, and hold possession
of and enjoy the said mortgaged premises
and property, and all the estates, rights, IT,
ties and Interests pertaining thereto, as full
ly and freely rs the defendant the Franck-
Ign Land and Cattle Company now holds or
enjoys, and at the time of the commence
ment OF this suit held and enjoyed, or Is or
was entitled to hold and enjoy the same
and, further, that the purchaser or purchas-
ers shall have and be entitled TO hold the
said property free and discharged from the
claims OF all parties to this suit, including
the complainant and all intery enors herein.o
3 10 leo nd in I'm nj dor ~
follows:
The balance OF the purchase price shall
be paid to the said Commissioner within
thirty days from the day of sale, the Court
reserving the right to resell the premises
and property herein directed to be sold on
the failure of the purchaser or purchasers,
or their assigns, to comply within ton days
with any further order OF the Court In that
regard and to make the further payments
of the balance OF the purchase price at the
time herein specified, and in the manner re-
quired by the said Special Commissioner
1.-THE balance of the said pur-
cease price, or the entire
amount thereof, may be paid either
in cash or in the aforesaid bonds or over
due coupons belonging thereto. secured by
the said mortgage or deed Of trust and sup
Elementary mortgage SO made by the the
said defendant, The Francklyn Land and
Cattle Company, as aforesaid, to the said
Trustees, the said bonds being received ut
such price Of value as VIII be equivalent to
the lust share or dlstributive amount OF
the net proceeds of such sale that the hold.
err or holders thereof would be entitled to
receive in case the entire amount bid were
paid in cash; and If such distributive
amount of the net proceeds shall be less
than the amount then due upon the said
bonds, the said distributive amount TO
which the holder or holders OF the laid
bonds would be entitled shall be receipted
upon the said bonds respectively.
And 1t is further provided that the said
Special Commissioner ut the time of making
such sale may, il he believes that bidder
at such sale is not bidding bona tide and
with ability to comply with the terms OF
the same, require such bidder before The
property is knocked down to MIN to furnish
satisfactory evidence OF his ability TO pay
the cash portion of the purchase money as
herein provided tor"
And 1t is further provided that the
Commissioner making such sale may either
personally or by some other person TO be
designated by him to act In his name, and
by ms authority, adjourn the sale
from day to day am from week
only on the request of the complainant, or
his solicitors, or by order OF this court, or
Judge thereof"
And IL is further provided that "upon
such sale any OF the parties 10 this suit, or
any holder or holders of the aforesaid bonds
issued by the said defendant The Franck-
lyn Land and Cattle Company, shall be In
titled to bid for, and to become the pur-
chaser or purchasers OF, the property so.
decreed TO be sold.'
For further information persons propos-
ing TO bid are respectfully referred to the
said decreee entered in this suit in the OF.
flee OF this court ut Graham, and also filed
In.the office OF the clerk ol.,his court at DALLAS,
Texas. and OF which decree certified copies
NAV be seen at the Office OF Russell Bene-
dict, Esqre., conns,l Tor Inc 6c9Wpialnan',